Ye v Boroondara CC [2015] VCAT 1051

Clause 55 of all Victorian planning schemes sets out a series of standards and objectives that development of two or more dwellings on a lot in one of the residential zones, and the mixed use zone, must comply with. The standards and objectives address street setbacks, building height, site coverage, permeability, side and rear setbacks, walls on boundaries, daylight to windows, overshadowing, overlooking and other development standards. If the numerical standards are met, does this mean that development is deemed acceptable?

On that question the Victorian Civil and Administrative Tribunal (VCAT) has been inconsistent. In Li Chak Lai v Whitehorse CC (No.1) [2005] VCAT 1274, VCAT effectively treated the clause 55 standards as deemed to comply provisions such that meeting the standard meant the objective was deemed to have been met. This decision was followed generally by VCAT until Lamaro v Hume (Red Dot)[2013] VCAT 957. Ye v Boroondara CC [2015] VCAT 1051 follows the